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70 Ga. App. 331

28 S.E.2d 85

Southeastern Elevator Company v. Phelps

Court of Appeals of Georgia

Decided December 1, 1943

Court of Appeals of Georgia · decided 1943-12-01

Relies on Macon Savings Bank v. Geoghegan · Peniston v. Newnan Hospital

Good law ✅— No negative treatment on recordhow we know

Decided 1943-12-01

How this case has been cited

Cited by 12 later decisions — most recently June 1982

9 state decisions

4019431950196019701980decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Sutton, J.

¶1 dissenting. Under the allegations of the petition the plaintiff had worked for a number of years in the building where she was injured, and evidently was familiar with the surroundings and the use of the automatic elevator in question. A short time before the alleged injury, she had used the elevator in going from the third floor of the building, where she worked, to the first floor to eat lunch, and after eating lunch, while in the act of returning to her work on the third floor, she went to the elevator on the first floor, pushed the elevator button, and according to the allegations of the petition, when the door opened she stepped into the open elevator shaft and fell to the basement of the building. She alleged that there was a light burning in' the elevator shaft, and that it was noon time; and it plainly appears from the petition that she could have seen that the elevator was not in place when the door opened, had she only looked. I think the petition, as against demurrer, shows that the plaintiff is barred from a recovery by her own negligence, and that the court erred in overruling the demurrer to the petition.

¶2 I think the rulings in the cases of Peniston v. Newnan Hospital, 40 Ga. App. 367 (149 S. E. 715), and Macon Savings Bank v. Geoghegan, 48 Ga. App. 1 (supra), are applicable and controlling in the present case.

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